|BRUCE E MOHL
MEDIATION & ARBITRATION
The parties and their representatives agree to retain Bruce E Mohl as Mediator under the
following terms and conditions. The parties agree to attend and participate in good faith in all
Mediation sessions. No person other than a party or its representative shall be permitted to
attend any Mediation sessions unless all parties and the Mediator agree to such person’s
attendance at the Mediation. The process of Mediation is strictly confidential and all parties,
their representatives and persons attending on their behalf, and the Mediator agree that what
transpires in Mediation shall not be disclosed outside of Mediation, and, except for the
enforcement of formal agreements made in Mediation, shall not be the basis for any action in
the underlying legal proceeding, if one is pending, or in any court for any reason.
The Mediation shall begin with an opening session at which all parties shall attend and the
Mediator will review the procedure to be followed at the Mediation. Each party shall have the
opportunity to make an opening statement to outline its goals and objectives in the Mediation.
The Mediator will encourage the free flow and exchange of ideas to achieve a mutually
agreeable solution to the parties’ dispute.
During the course of the Mediation the Mediator may request to meet privately with each party
in so-called caucus sessions, to assist in developing a mutually satisfactory resolution of the
dispute. The determination of whether and when to break into caucus sessions shall be wholly
in the discretion of the Mediator. Depending on the circumstances of the case and the
understanding of the parties, the Mediator may offer the parties an analysis of the strengths
and weaknesses of the claims or defenses of a party during a caucus session. To the extent
information is shared with the Mediator in a caucus session, the Mediator shall maintain the
confidentiality of such information and shall not disclose any such information conveyed in
caucus unless the party to the caucus agrees that the Mediator may disclose that information in
joint sessions or in caucus with the other party.
The parties are encouraged to continue to Mediate the dispute until agreement is reached and
further to not abandon Mediation until it is agreed by all parties and the Mediator that further
Mediation of the matter would not be useful. When partial or final agreement is reached in any
dispute, the parties with the assistance of the Mediator will memorialize the agreement in
writing and all parties will execute the written agreement.
STATEMENT OF CONFIDENTIALITY
Confidentiality of information presented in Mediation sessions is critical to the success of the
Mediation process and ultimately to the settlement of the parties’ dispute. By executing an
agreement adopting these Terms and Conditions of Mediation, the parties agree that the entire
process of Mediation shall be kept in the strictest of confidence. Statements of parties or
counsel, offers and counter-offers conveyed, and legal positions advanced, shall be made
without prejudice to any later made or held position, and shall not be admissible in any
underlying litigation or in any other legal proceeding for any purpose, and shall not be disclosed.
STATEMENT OF CONFLICTS OF INTEREST
The Mediator has advised the parties of any past associations or relationships that could form
the basis for a reasonable belief that the Mediator’s impartiality in assisting the parties in
resolving their dispute might be questioned. The parties agree that based upon the Mediator’s
disclosures there is no conflict of interest or the appearance of a conflict of interest in this case.
ROLE OF MEDIATOR
The parties agree that the Mediator shall assist the parties in an effort to achieve a negotiated
resolution acceptable to all parties. The Mediator will not provide legal advice to any party. The
parties further agree that the Mediator shall not be a witness in any proceeding to enforce the
terms and conditions of any executed settlement agreement, and any settlement agreement
executed by the parties in, or subsequent to, Mediation shall be admissible in any court
proceeding solely to enforce the terms and conditions of the settlement. The parties specifically
agree not to attempt to subpoena the Mediator to any court proceeding, and that any subpoena
served on the Mediator for either his testimony or to produce any document shall be quashed
on application of the Mediator or any party. The Mediator shall not be liable to any party or any
third party for any acts or omissions alleged to have occurred in the process of Mediation.
By retaining Bruce Mohl as the Mediator the parties agree to the payment of the fees and costs
of Mediation as set forth in the Mediation tab at www.nhmediation.com and to the terms and
conditions set forth herein.
August 4, 2015
|MEDIATION TERMS AND CONDITIONS
|PO Box 1486
Meredith N H 03253